A Guide to Litigating Identity Systems
PART FOUR:
IMPACT ON RIGHTS OTHER
THAN PRIVACY
62. While identity systems pose grave dangers to the right to privacy, based on
the particularities of the design and implementation of the identity system,
they can also impact upon further fundamental rights and freedoms upheld
by other international human rights instruments, including the International
Covenant on Civil and Political Right and the International Covenant on
Economic, Social and Cultural Rights such as the right to be free from
unlawful discrimination, the right to liberty, the right to dignity, and the right
to equality. The risks of exclusion – which implicates a variety of rights
ranging from civil and political rights, such as the right to stand for and hold
office, as well as socio-economic rights such as the right to food and the
right to education – are exacerbated in biometric identity systems due to
authentication failures, with heightened impacts on marginalised and
vulnerable groups, particularly in developing countries with weak legal
frameworks. Systems that are created with a goal of providing legal identity
and furthering social, economic, and financial inclusion become the basis for
exclusion from access to goods and services and denial of fundamental
human rights, leading to complete disenfranchisement of the individual. Thus,
it is crucial that the decision to adopt an identity system is informed by the
grave concerns that have been highlighted in the judgments on identity
systems.
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